[United States Statutes at Large, Volume 124, 111th Congress, 2nd Session]
[From the U.S. Government Printing Office, www.gpo.gov]
Public Law 111-331
111th Congress
An Act
To amend the Communications Act of 1934 to prohibit manipulation of
caller identification information. <>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <>
SECTION 1. <> SHORT TITLE.
This Act may be cited as the ``Truth in Caller ID Act of 2009''.
SEC. 2. PROHIBITION REGARDING MANIPULATION OF CALLER IDENTIFICATION
INFORMATION.
Section 227 of the Communications Act of 1934 (47 U.S.C. 227) is
amended--
(1) by redesignating subsections (e), (f), and (g) as
subsections (f), (g), and (h), respectively; and
(2) by inserting after subsection (d) the following new
subsection:
``(e) Prohibition on Provision of Inaccurate Caller Identification
Information.--
``(1) In general.--It shall be unlawful for any person
within the United States, in connection with any
telecommunications service or IP-enabled voice service, to cause
any caller identification service to knowingly transmit
misleading or inaccurate caller identification information with
the intent to defraud, cause harm, or wrongfully obtain anything
of value, unless such transmission is exempted pursuant to
paragraph (3)(B).
``(2) Protection for blocking caller identification
information.--Nothing in this subsection may be construed to
prevent or restrict any person from blocking the capability of
any caller identification service to transmit caller
identification information.
``(3) Regulations.--
``(A) <> In general.--Not later
than 6 months after the date of enactment of the Truth
in Caller ID Act of 2009, the Commission shall prescribe
regulations to implement this subsection.
``(B) Content of regulations.--
``(i) In general.--The regulations required
under subparagraph (A) shall include such
exemptions from the prohibition under paragraph
(1) as the Commission determines is appropriate.
``(ii) Specific exemption for law enforcement
agencies or court orders.--The regulations
required
[[Page 3573]]
under subparagraph (A) shall exempt from the
prohibition under paragraph (1) transmissions in
connection with--
``(I) any authorized activity of a
law enforcement agency; or
``(II) a court order that
specifically authorizes the use of
caller identification manipulation.
``(4) Report.--Not later than 6 months after the enactment
of the Truth in Caller ID Act of 2009, the Commission shall
report to Congress whether additional legislation is necessary
to prohibit the provision of inaccurate caller identification
information in technologies that are successor or replacement
technologies to telecommunications service or IP-enabled voice
service.
``(5) Penalties.--
``(A) Civil forfeiture.--
``(i) In general.--Any person that is
determined by the Commission, in accordance with
paragraphs (3) and (4) of section 503(b), to have
violated this subsection shall be liable to the
United States for a forfeiture penalty. A
forfeiture penalty under this paragraph shall be
in addition to any other penalty provided for by
this Act. The amount of the forfeiture penalty
determined under this paragraph shall not exceed
$10,000 for each violation, or 3 times that amount
for each day of a continuing violation, except
that the amount assessed for any continuing
violation shall not exceed a total of $1,000,000
for any single act or failure to act.
``(ii) Recovery.--Any forfeiture penalty
determined under clause (i) shall be recoverable
pursuant to section 504(a).
``(iii) Procedure.--No forfeiture liability
shall be determined under clause (i) against any
person unless such person receives the notice
required by section 503(b)(3) or section
503(b)(4).
``(iv) 2-year statute of limitations.--No
forfeiture penalty shall be determined or imposed
against any person under clause (i) if the
violation charged occurred more than 2 years prior
to the date of issuance of the required notice or
notice or apparent liability.
``(B) Criminal fine.--Any person who willfully and
knowingly violates this subsection shall upon conviction
thereof be fined not more than $10,000 for each
violation, or 3 times that amount for each day of a
continuing violation, in lieu of the fine provided by
section 501 for such a violation. This subparagraph does
not supersede the provisions of section 501 relating to
imprisonment or the imposition of a penalty of both fine
and imprisonment.
``(6) Enforcement by states.--
``(A) In general.--The chief legal officer of a
State, or any other State officer authorized by law to
bring actions on behalf of the residents of a State, may
bring a civil action, as parens patriae, on behalf of
the residents of that State in an appropriate district
court of the United States to enforce this subsection or
to impose the civil penalties for violation of this
subsection, whenever the
[[Page 3574]]
chief legal officer or other State officer has reason to
believe that the interests of the residents of the State
have been or are being threatened or adversely affected
by a violation of this subsection or a regulation under
this subsection.
``(B) Notice.--The chief legal officer or other
State officer shall serve written notice on the
Commission of any civil action under subparagraph (A)
prior to initiating such civil action. The notice shall
include a copy of the complaint to be filed to initiate
such civil action, except that if it is not feasible for
the State to provide such prior notice, the State shall
provide such notice immediately upon instituting such
civil action.
``(C) Authority to intervene.--Upon receiving the
notice required by subparagraph (B), the Commission
shall have the right--
``(i) to intervene in the action;
``(ii) upon so intervening, to be heard on all
matters arising therein; and
``(iii) to file petitions for appeal.
``(D) Construction.--For purposes of bringing any
civil action under subparagraph (A), nothing in this
paragraph shall prevent the chief legal officer or other
State officer from exercising the powers conferred on
that officer by the laws of such State to conduct
investigations or to administer oaths or affirmations or
to compel the attendance of witnesses or the production
of documentary and other evidence.
``(E) Venue; service or process.--
``(i) Venue.--An action brought under
subparagraph (A) shall be brought in a district
court of the United States that meets applicable
requirements relating to venue under section 1391
of title 28, United States Code.
``(ii) Service of process.--In an action
brought under subparagraph (A)--
``(I) process may be served without
regard to the territorial limits of the
district or of the State in which the
action is instituted; and
``(II) a person who participated in
an alleged violation that is being
litigated in the civil action may be
joined in the civil action without
regard to the residence of the person.
``(7) Effect on other laws.--This subsection does not
prohibit any lawfully authorized investigative, protective, or
intelligence activity of a law enforcement agency of the United
States, a State, or a political subdivision of a State, or of an
intelligence agency of the United States.
``(8) Definitions.--For purposes of this subsection:
``(A) Caller identification information.--The term
`caller identification information' means information
provided by a caller identification service regarding
the telephone number of, or other information regarding
the origination of, a call made using a
telecommunications service or IP-enabled voice service.
``(B) Caller identification service.--The term
`caller identification service' means any service or
device designed
[[Page 3575]]
to provide the user of the service or device with the
telephone number of, or other information regarding the
origination of, a call made using a telecommunications
service or IP-enabled voice service. Such term includes
automatic number identification services.
``(C) IP-enabled voice service.--The term `IP-
enabled voice service' has the meaning given that term
by section 9.3 of the Commission's regulations (47
C.F.R. 9.3), as those regulations may be amended by the
Commission from time to time.
``(9) Limitation.--Notwithstanding any other provision of
this section, subsection (f) shall not apply to this subsection
or to the regulations under this subsection.''.
Approved December 22, 2010.
LEGISLATIVE HISTORY--S. 30 (H.R. 1258):
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HOUSE REPORTS: No. 111-461 (Comm. on Energy and Commerce) accompanying
H.R. 1258.
SENATE REPORTS: No. 111-96 (Comm. on Commerce, Science, and
Transportation).
CONGRESSIONAL RECORD, Vol. 156 (2010):
Feb. 23, considered and passed Senate.
Dec. 15, considered and passed House.